Govind Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.50 of 2018 Arising Out of PS. Case No.-100 Year-2005 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Govind Sharma S/o Late Avdhesh Sharma, R/o Vill.- Itwan, P.S.- Rampur Chauram, District- Arwal.

... ... Appellant/s

Versus

1.

The State Of Bihar.

2.

Ram Nandan Sharma S/o Late Dharm Narayan Sharma. 3.

Lakshman Sharma @ Appu.

4.

Shiyaram Sharma @ Arun.

5.

Ashmit Sharma.

All three Sons of Ram Nandan Sharma.

All are Residents of Vill.- Itwan, P.S.- Rampur Chauram, District- Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dr. Kamal Deo Sharma For the Respondent/s :

Smt. Abha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 18-07-2019 Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State on I.A. No.1 of 2019 as well as on the point of admission of this Special Leave to Appeal.

2. I.A. No.1 of 2019 has been filed on behalf of the appellant under Section 5 of the Limitation Act to condone the delay of 64 days in filing the present Special Leave to Appeal. On the grounds mentioned in the aforesaid I.A. No.1 of 2019, the delay in filing the present Special Leave to Appeal is, hereby, condoned and, accordingly, I.A. No.1 of 2019 stands disposed of.

3. This Special Leave to Appeal has been filed on behalf

Patna High Court SLA No.50 of 2018 dt.18-07-2019 2/2 of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment and Order dated 25.04.2018 passed in Complaint Case No.100 of 2005/Trial No.553 of 2018, whereby and whereunder the learned Additional Chief Judicial Magistrate-IV, Arwal, acquitted the respondent nos.2 to 5 of the charges framed against them for the offence punishable under Sections 325 and 379 of the Indian Penal Code.

4. From Perusal of the impugned Judgment and Order, it is apparent that the learned Additional Chief Judicial Magistrate-IV, Arwal, on considering the evidence, available on the record, rightly came to the conclusion that the prosecution has miserably failed to prove the charges against the respondent nos.2 to 5 under Sections 325 and 379 of the Indian Penal Code and, accordingly, acquitted the respondent nos.2 to 5 from the charges under Sections 325 and 379 of the Indian Penal Code.

5. I find no merit in the present Special Leave to Appeal and, accordingly, the same is dismissed.

(Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2019.

Transmission Date 19.07.2019.